Our child pornography attorneys in Lemon Grove are versed in the California Penal Code, which does not promote the creation or owning of material that involves individuals who are less than 18 years old. They must not engage in or simulate sexual behavior. Continue reading examples of child pornography that the penal code mentions.
- You must not produce child pornography.
- Secondly, you must not own child pornography material.
- Subsequently, you must not distribute obscene material involving minors.
- You must not transport child pornography
- In addition, you must not promote or advertise child pornography.
- Lastly, you must not employ a minor to perform illegal acts.
The crimes mentioned above are wobblers. In other words, the prosecution charges them as felony or misdemeanor. Have a look at the penalties below.
Owning child pornography
First offense
child pornography attorneys in Lemon Grove will fight for a misdemeanor change. Consequently, the court can send you to one year in jail in addition to $2,500 fines. However, a felony results in one year in prison with fines of the same amount.
Subsequent arrests
Subsequent arrests will complicate the circumstances. The prosecution will argue for a felony charge. The court will send the convicted to two, four, or six years in prison. Also, the convicted will have to register as a sex offender as well.
Child pornography distribution
Our child pornography attorneys in Lemon Grove are skilled in California Penal Code Sections 311.1 and 311.2. The section dictates the consequences of distributing and exchanging child porn. Moreover, the offenses are a wobbler crime. In other words, it is up to the prosecution to decide if it is a misdemeanor or a felony. The maximum prison sentence is one year.
Owning, distributing, and transporting child pornography
The offense is also a wobbler crime. As a result, the jail time for the convict is 2, four, or six years in a state prison. In addition, the criminal must also pay fines of $10,000
Commercial Transportation and Distribution of child pornography
Our child pornography attorneys in Lemon Grove are experienced in accusations related to the distribution of obscene content. They will argue the wobbler nature of the crime to reduce the charges. Otherwise, you will spend two, three, or six years in prison. The fines are $100,000.
Distributing of Child Pornography among Minors
child pornography attorneys in Lemon Grove understand that the subject matter becomes complicated if the purchasers are minors as well. It is a felony offense to sell child pornography to minors. If the court succeeds in a conviction, you will spend 16 months, two years, or three years. Also, you must pay a fine of $10,000.
Selling Child Pornography to Adults
If the buyer is an adult, the prosecution decides to try the crime as a demeanor or an offense. If the court convicts a felon, the criminal spends 16 months, two years, or three years in prison. In addition, the fines are a maximum of $10,000.
Sexual Exploitation of a Minor
The first offense is a wobbler. The prosecution will insist on jail time and financial penalties. The convict might spend a year in jail with $2000 fines.
Child pornography attorneys in Lemon Grove warn their clients of repetitive offenses. The subsequent arrest becomes a felony. The court sends the convict to 16 months, two years, or three years in jail. In addition, the fines are $10,000
Using a Minor for Child Pornography
The first offense is a wobbler crime. Our child pornography attorneys in Lemon Grove will try to convince the prosecution of a misdemeanor charge. The judge will read a prison time of a year with a fine of $2000.
The subsequent arrests led to a jail time of 16 months, two years, or three years in prison. The financial penalties are $50,000.
Coercion in Child Pornography
The court will send a convict for 16 months, two years, or three years in prison for a felony charge. Furthermore, material that is intended for commercial use has an extended jail time. The court increases the prison sentence to three, six, or eight years in prison.
Promoting Child Pornography
Advertising child pornography to society is a wobbler crime. The judge will send a felon to prison for two, three, or four years in prison. The fine is $10,000.
child pornography attorneys in Lemon Grove Legal Defenses
The Suppression of Evidence
Our child pornography attorneys in Lemon Grove will use the Fourth Amendment violation to defend their clients. The child pornography cases surface because law enforcement agents have investigated the accused on suspicion. The offers have searched the home and the devices.
Our lawyers will argue that the police violate their rights during an arrest or search. Another argument is a warrantless search. As a result, the evidence is not admissible in court. Since the prosecution gained the evidence without access, the judge will drop or dismiss the case.
Insufficient Knowledge
child pornography attorneys in Lemon Grove understand the assumption of the crime. The accused knew that the subject matter was illegal. However, the accused had content without knowing about the source. Email, phishing scams, and malware install files without consent from the user. In other words, the accused did not give consent to downloading child pornography.
Entrapping of the accused
Entrapment takes place when a state agent induces the accused to commit a crime. Otherwise, the accused would have stayed away from the circumstances. A common example is the police offer to contact someone who is watching legal pornography virtually.
Subsequently, the officer suggests selling material without communicating that it contains minors. In the end, the officer attempts to arrest the buyer. Our child pornography attorneys in Lemon Grove would argue entrapment in the scenario.
Contact child pornography attorneys in Lemon Grove
You must speak to our skilled child pornography attorneys in Lemon Grove if the state is charging you with creating, owning, or distributing illegal content. Our legal team will get involved in the case instantly. They will begin to form a powerful strategy to minimize the consequences.
The lawyers at our firm have decades of experience defending clients who have been accused wrongfully. Contact our firm today via phone or email to book an appointment. You can visit the office during business hours as well.